A Short Guideline to Drink Driving Offences and the Relevant Penalties

Two categories of driver have been introduced by the Road Traffic Act 2010: specified and non-specified.

Specified Drivers include:

Learner drivers

Holders of first driving license for less than two years

Taxi drivers

Holders of licences to driver certain categories of vehicle

The penalties for concentration of alcohol levels are set out below, but it is important to be aware that when a person cannot produce his or her licence when stopped by Gardaí, they will be deemed to be a specified driver until production within 10 days of the licence.

Presumably, and although this is not specifically set out in the Act, if a person can prove he or she was not a specified driver and the result of the test did not exceed the 50-80 of blood, the matter might be struck out.

Disqualification

Any conviction for an offence under the ‘old’ Road Traffic Act counts as a ‘previous offence’ for the court to decide if it is a first, or a second, offence

A second or subsequent offence is counted as one committed not less than four years from the first conviction

Fixed Charge Notices

A person who does not hold a driving licence or is disqualified from driving is not eligible to be served with a fixed charge notice. If a fixed charge notice is paid, then that facility cannot be availed of again for a period of three years.

If your alcohol level falls below a certain limit then you will receive a fixed penalty notice. This notice will inform you of the fine you must pay and any other penalty to be imposed. You must ensure that this is paid within 28 days and if you do so you will not have to go to court.

Of course, the most important advice is …. never drink and drive!

Alcohol Limits under the Fixed Penalty Notice:

Driver Type

Concentration of Alcohol

Fine

Additional Penalty

Experienced drivers

(a) Not exceeding 80mg of alcohol per 100ml of blood
(b) Not exceeding 107mg of alcohol per 100ml of urine
(c) Not exceeding 35mcg of alcohol per 100ml of breath

€200

3 Penalty Points

Experienced drivers

(a) Exceeding 80mg but not exceeding 100mg of alcohol per 100ml of blood
(b) Exceeding 107mg but not exceeding 135mg of alcohol per 100ml of urine
(c) Exceeding 35mcg but not exceeding 44mcg of alcohol per 100ml of breath

€400

6 months disqualification

Other drivers

(a) Not exceeding 80mg of alcohol per 100ml of blood
(b) Not exceeding 107mg of alcohol per 100ml of urine
(c) Not exceeding 35mcg of alcohol per 100ml of breath

€200

6 months disqualification

If you proceed through the Court Process the following applies:

Concentration of Alcohol

First offence (period of disqualification)

Second offence (period of disqualification)

(a) Not exceeding 80mg of alcohol per 100ml of blood
(b) Not exceeding 107mg of alcohol per 100ml of urine
(c) Not exceeding 35mcg of alcohol per 100ml of breath

6 months

1 year

(a) Exceeding 80mg but not exceeding 100mg of alcohol per 100ml of blood
(b) Exceeding 107mg but not exceeding 135mg of alcohol per 100ml of urine
(c) Exceeding 35mcg but not exceeding 44mcg of alcohol per 100ml of breath

1 year

2 years

(a) Exceeding 100mg but not exceeding 150mg of alcohol per 100ml of blood
(b) Exceeding 135mg but not exceeding 200mg of alcohol per 100ml of urine
(c) Exceeding 44mcg but not exceeding 66mcg of alcohol per 100ml of breath

2 years

4 years

(a) Exceeding 150mg of alcohol per 100ml of blood
(b) Exceeding 200mg of alcohol per 100ml of urine
(c) Exceeding 66mcg of alcohol per 100ml of breath